SUPREME COURT OF QUEENSLAND
CITATION:
R v Anthony [2013] QCA 95
PARTIES:
R
v
ANTHONY, Luke Stephen Keith
(applicant)FILE NO/S:
CA No 336 of 2012
DC No 348 of 2012
DC No 439 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
3 May 2013
DELIVERED AT:
Brisbane
HEARING DATE:
4 March 2013
JUDGES:
White JA and Atkinson and Martin JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The application for leave to appeal against sentence is granted.
2. The appeal is allowed.
3. The sentence imposed on count 1 is set aside and instead a sentence of two years imprisonment is imposed.
4. The sentence imposed on count 2 is set aside and instead a sentence of four years imprisonment is imposed.
5. The sentence imposed on count 3 is set aside and instead a sentence of three years imprisonment is imposed.
6. The sentences on counts 1, 2 and 3 are to be served concurrently with each other and with the penalties imposed on the summary charges.
7. The applicant is eligible for release on parole on 3 May 2013.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the applicant pleaded guilty to one count of dangerous operation of a vehicle, one count of robbery with personal violence, one count of wilful damage, one summary charge of wilfully destroying or damaging corrective services facility or property and one summary charge of unregulated high risk activity – the applicant submitted that the sentences imposed were manifestly excessive when one has regard to sentences imposed on similar or more serious offenders – whether the sentence was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 9(2)(c), s 160C
Victims of Crime Assistance Act 2009 (Qld), s 15R v Blanch[2008] QCA 253, cited
R v Bowen & Ambrym [1998] QCA 394, considered
R v Briody (2002) 134 A Crim R 170; [2002] QCA 364, considered
R v Bush[1996] QCA 172, considered
R v Carroll & Anor[1997] QCA 378, considered
R v El Hassan, unreported, Court of Appeal, Qld, CA No 401 of 1994, 29 November 1994, considered
R v Gray[2012] QCA 144, cited
R v Hamilton[2009] QCA 391, approved
R v Mallon[1997] QCA 58, cited
R v Monday[2000] QCA 491, considered
R v Taylor & Napatali; ex parte A-G (1999) 106 A Crim R 578; [1999] QCA 323, cited
R v White[2012] QCA 115, citedCOUNSEL:
The applicant appeared on his own behalf
D C Boyle for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
WHITE JA: I have read the reasons for judgment of Atkinson J and agree with her Honour’s reasons that…
Continue reading R v Anthony
Sign in free to access the full text
- AGLC
- R v Anthony [2013] QCA 95
- Case
- [2013] QCA 95
- Decision Date
CaseChat Overview and Summary
The court had to consider whether the sentences were so high that they could be considered manifestly excessive. The court noted the seriousness of the offences but also considered the principle that sentences should not be excessively disproportionate to the gravity of the offence and the culpability of the offender. The court examined the sentences imposed in similar cases and found that the sentences in this case were indeed higher than those imposed for similar offences. Therefore, the court concluded that the sentences were manifestly excessive.
Following the conclusion that the sentences were manifestly excessive, the court allowed the appeal. The original sentences were set aside, and new sentences were imposed for each of the main charges. These new sentences were two years for the dangerous operation of a vehicle, four years for the robbery with personal violence, and three years for the wilful damage. These sentences were to be served concurrently with each other and with the penalties imposed on the summary charges. The court also determined that the applicant would be eligible for release on parole on 3 May 2013.
Orders
Orders of the court
1. The application for leave to appeal against sentence is granted.
2. The appeal is allowed.
3. The sentence imposed on count 1 is set aside and instead a sentence of two years imprisonment is imposed.
4. The sentence imposed on count 2 is set aside and instead a sentence of four years imprisonment is imposed.
5. The sentence imposed on count 3 is set aside and instead a sentence of three years imprisonment is imposed.
6. The sentences on counts 1, 2 and 3 are to be served concurrently with each other and with the penalties imposed on the summary charges.
7. The applicant is eligible for release on parole on 3 May 2013.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.